I opened up my e-mail this morning and found a very disturbing news from the PM's department where the Minister in the PM Department Datuk Dr. Abdullah Zin is reported to have agreed to the replacement of the English common law to the Syariah. This is a damn bad news I've ever heard since the 1988 Judicial Crisis (of course May 13 was a black history, but then I was not born yet to understand).
The Malaysia contract, all of us accept and agree is the fact that Malaysia is not an Islamic state and that we are a secular democratic nation where Islam is the religion of the federation. The Constitution is the supreme law of the land and that we abide by the laws of this land enacted by Parliament.
As such hearing news from the PM department regarding the propose change to Syariah laws will definitely going against the ideals put forward by our founding fathers. I am sad to note that the oath the PM and his cabinets, the legislature in Parliament and the Judiciary took for office have failed to defend the constitution. I am sad that the PM's department is entertaining the thought on switching to Syariah, that in my opinion is a step backwards towards an Islamic State, not only an Islamic country but also a theocratic state.
What is so wrong with the common law that the Chief Justice wants it to do away with? The common law has been proven to be the foundation of laws that can be applicable and adopted into Malaysia through Sections 3 and 5 of the Civil Law Act which permits judges wide discretion to import English common law, equity and statutes into the legal system to fill gaps in Malaysian laws and it is a fact that lawyers whilst preparing their cases relying on these common laws should the difficulty arise in the interpretation and the application of the various laws.
As for the Syariah laws, where right now, in terms of jurisdiction alone, there have been much confusion in the interpretation and application of the Syariah. That alone, each states have different interpretation and codes which regards Syariah. As such do I have the faith on Syariah?
My question to you Mr CJ, are you not suppose to defend the constitution? Which hat are you wearing, the Hat as a CJ of Malaysia or a politician?
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